STATE OF MADHYA PRADESH Vs. SHANKAR GUHA

JUDGEMENT

(1.) This appeal by the State has been directed against the order of acquittal of the respondents under sections 147, 341 and 323 of the Penal Code, recorded by Judicial Magistrate, 1st Class, Baloda, in Criminal Case No. 413/79.

(2.) The prosecution case was that on 29.3.1979 on the eve of the meeting of Majadoor Sahkari Samiti, the complainant Bansilal (PW. 1) was dragged by the respondents into a Waranda and abused and assaulted. Bansilal (PW. 1) made a report of the incident in consequence of which an offence was registered and the respondents were prosecuted under sections 147, 341 and 323 of the Penal Code. The respondents abjured their guilt and pleaded false implication. On evaluation of evidence, learned Magistrate found that no offence was established against any of the respondent and, therefore, acquitted them all against which this appeal has been directed.

(3.) Learned Deputy Government Advocate appearing for the appellant-State contended that the findings recorded by the learned Magistrate are perverse as there is legal evidence to bring home the guilt against the respondents. On perusal of the evidence on record, I find that there is no case made out under sections 147 and 341 of the Penal Code, but an offence under section 323 of the Penal Code is definitely made out against all the respondents.